Selected Matters by Industry Group  1  |  2  | 3  
  Consumer Products  
  Aurora Foods (Van de Kamp) acquisition of Mrs. Paul's from Campbell Soup Company  
  Lloyd Oliver worked for both Aurora Foods and Campbell to gain DOJ approval of this combination of two of the three producers of breaded fish sticks in the U.S.  
  Concord Boat v. Brunswick Corp. and FTC Investigation of Brunswick's OEM Pricing Policies  
  Rick Warren-Boulton testified in the private case that Brunswick's market share discounts were rational, procompetitive or competitively neutral, and efficient business strategies, not anticompetitive strategies. Ken Baseman represented Brunswick in front of the FTC and was influential in persuading the Commission to end its investigation of Brunswick's market share discounts and to refrain from filing an amicus brief for plaintiffs in Concord Boat.  
  Gillette v. Optiva Corp.  
  Lloyd Oliver testified for Gillette in a jury case on the amount of damages on a deceptive advertising claim under the Lanham Act. Gillette was awarded significant damages.  
  Greenskeeper v. Soft Spikes  
  Plaintiff Greenskeeper sued Soft Spikes for monopolizing non-metal golf spikes, primarily by sham patent litigation. Ken Baseman submitted written and deposition testimony for plaintiff covering market definition, monopoly power liability, and damages. The case was settled on terms favorable to plaintiff before trial.  
  Honda Motors, Inc. v. Internal Revenue Service  
  Steve Silberman co-authored a report demonstrating that Honda Motors’ charged its U.S. subsidiary arms’-length transfer prices for motorcycles.  
  Iams v. Kal Kan Foods, Inc.  
  Steve Silberman prepared an expert report and testified at deposition that Iams’ economic expert had provided no credible evidence that Kal Kan’s magazine ads had affected Iams’ sales. Kal Kan reached a favorable settlement.  
  Michelin Merger with Uniroyal-Goodrich  
  Ken Baseman's analysis of market definition, bidding markets for OEM sales, and efficiencies were critical in persuading the Department of Justice to approve Michelin's acquisition of Uniroyal Goodrich.  
  RJR acquisition of Brown & Williamson  
  Rick Warren-Boulton presented an analysis of efficiencies to the FTC in defense of RJR acquisition of Brown & Williamson.  
  Tolokan v. Mobil Oil  
  Steve Silberman testified at trial that there was no economic evidence that Mobil had discriminated against an independent retailer. The jury found in favor of Mobil.  
  Yamaha Motor Corp. USA v. Internal Revenue Service  
  Bruce Snapp consulted on an expert report demonstrating that Yamaha transferred motorcycles to its U.S. subsidiary at comparable arms-length prices and that losses incurred in the U.S. were the result of market conditions.  


  DRJ Refuse, Inc Bankruptcy Case No. 95-52055-SD Chapter 11, District of Maryland, Baltimore Division  
  Jon Joyce prepared expert testimony for the State of Maryland that a proposed acquisition of the firm was anticompetitive.  
  FTC Investigation of Brunswick's Investment in Tracker Marine  
  The FTC investigated Brunswick's partial equity interest in and long term supply contract with Tracker Marine as a possible example of the Merger Guideline's "disruptive buyer" theory. Ken Baseman's analysis was influential in persuading the FTC to drop its investigation without taking any action.  
  FTC v. International Association of Conference Interpreters  
  Steve Silberman testified at an administrative hearing that the International Association of Conference Interpreters’ had too small a share of the relevant market to exercise market power. The FTC ultimately dismissed charges against Association rules governing work-day length and other non-price-related factors because there was no showing that the association had market power.  
  FTC v. Staples  
  Rick Warren-Boulton testified on behalf of the Federal Trade Commission that Staples’ acquisition of Office Depot would raise prices to consumers in areas where these firms had competing stores.  
  Jerry Enterprises et al. v. F&A Distributing Company, Inc., et al.  
  Steve Silberman prepared an expert report and provided deposition testimony on behalf of defendants explaining why the fact that several liquor distributors frequently filed identical prices with the NJ liquor authority did not provide evidence of price fixing. The defendants reached a favorable settlement.  
  Jose Maiz, et al. v. Amir Virani, et al.  
  Steve Silberman provided trial testimony concerning the damages plaintiffs suffered as a result of defendants’ fraudulent behavior. The jury gave plaintiffs a multi-million dollar award.  
  PMBR v. Harcourt Brace Jovanovich, et al.  
  PMBR sued Bar-Bri for monopolization in the bar review preparation industry, primarily via exclusionary bundled pricing. Ken Baseman provided written and deposition testimony for plaintiff on market definition, monopoly power, liability and damages. The case was settled on terms favorable to plaintiff before trial.  
  Sylvester Jennifer et al. v. Delaware Solid Waste Authority  
  Lloyd Oliver provided written and deposition testimony for DSWA in a class action case against DSWA for allegedly violating the Commerce Clause of the U.S. Constitution by restricting the transportation of solid waste generated in Delaware to landfills inside of the state; the case was settled on favorable terms for the Defendant before trial.  
  Various Acquisitions by Banknorth Group  
  Bruce Snapp analyzed the likely competitive effects of several Banknorth acquisitions -- including Bancorp Connecticut, Warren Bancorp, and First Essex -- pursuant to a review by the Justice Department, Federal Reserve Board, and other banking regulators.  
  Cases by Industry Group  1  |  2  | 3  
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